CITY OF BOMBAY MUNICIPAL
(POST-WAR RECONSTRUCTION FUND) ACT, 1944 THE
CITY OF BOMBAY MUNICIPAL (POST-WAR RECONSTRUCTION FUND) ACT, 1944 [08th
November, 1944] Amended by Bom. 39 of 1947. An Act to supplement temporarily
certain provisions of the City of Bombay Municipal Act, 1888, for the purpose
of creating a post-war reconstruction fund. WHEREAS it is expedient to supplement
temporarily certain provisions of the City of Bombay Municipal Act, 1888 (Bom.
III of 1888), for the purpose of creating a post-war reconstruction fund; And whereas the Governor of Bombay has
assumed to himself under the Proclamation, dated the 4th November 1939, issued
by him under section 93 of the ' Government of India Act, 1935, all powers
vested by or under the said Act in the Provincial Legislature (26 Geo. 5, Ch.
2); Now, therefore, in exercise of the said
powers, the Governor of Bombay is pleased to make the following Act:-- This Act may be called the City of
Bombay Municipal (Post-War Reconstruction Fund) Act, 1944. In this Act,-- (a) "the principal
Act" means the City of Bombay Municipal Act, 1888 (Bom. III of 1888); (b) words and expressions
used but not defined shall have the same meaning as in the principal Act. If in the opinion of the Commissioner
any expenditure for any purpose, for which the moneys from time to time
credited to the municipal fund are liable to be applied under the principal
Act, ought to be postponed until after the termination of the war, the
Commissioner may under the provisions of this Act, cause moneys for such
expenditure to be credited from time to time to a separate fund called the
post-war reconstruction fund. [Estimate of moneys for crediting to
the post-war reconstruction fund.] Repealed by Bom. 39 of 1947, s. 2(1). [Section 125A of Bom. III of 1888 not
to apply to estimate under section 4.] Repealed by Bom. 39 of 1947, s. 2(1). [Preparation of budget estimate by
standing committee.] Repealed by Bom. 39 of 1947, s. 2(1). [Provisions of sections 127, 128 and
129 of principal Act to apply to budget estimate prepared under section 6.]
Repealed by Bom. 39 of 1947, s. 2 (1). [3] [ The Corporation
may, on the recommendation of the standing committee, sanction the transfer
from one major head of account to another of any amount credited to the
post-war reconstruction fund.] Expenditure out of the post-war
reconstruction fond shall be provided for and made in accordance with the
provisions contained in the principal Act relating to expenditure out of the
municipal fund for the next ensuing official year: [4] Provided that
expenditure out of the post-war reconstruction fund on any purpose other than
the purposes for which expenditure had, pursuant to this Act, been postponed
shall not be provided for or made unless the Corporation, on the recommendation
of the standing committee, has passed a resolution that such expenditure should
forthwith be incurred out of the said fund: Provided further that] for the purposes
of clause (b) of sub-section (1) of section 125 of the principal Act, the
Commissioner shall determine whether the whole or any part of the amount at
credit of the post-war reconstruction fund shall be taken into account as a
balance available for expenditure at the commencement of the next ensuing
official year. The powers under sections 126 and 129
of the principal Act may he exercised by the standing committee and the
corporation, as the case may be, for the purpose of increasing or decreasing
the sum intended to be appropriated out of the post-war reconstruction fund for
expenditure in the next ensuing official year. [5] *
* * [Expenditure out of post-war
reconstruction fund before termination of war.] Repealed by Bom. 39 of 1947, s.
2 (5).
Preamble - THE CITY OF BOMBAY MUNICIPAL (POST-WAR RECONSTRUCTION FUND) ACT,
1944PREAMBLE
[ (1) This Act shall
remain in force up to and inclusive of the 31st day of March 1952.
(2) ??Any amount remaining unexpended in the
post-war reconstruction fund on the aforesaid date shall be credited to the
municipal fund.]
[1] This Act was
re-enacted by Bombay 39 of 1949, Section 2.
[2] For the Statement,
see Bombay Government Gazette, 1944, Part IV, p. 229.
[3] . This section was
substituted for the original by Bombay 39 of 1947, Section 2 (2).
[4] These words were substituted
for the words "provided that", ibid., Section 2 (3).
[5] The proviso was
deleted, ibid., Section 2 (4).
[6] This section was
substituted for the original, ibid., Section 2 (6).